Dáil Éireann Debate, Thursday - 13 April 2017
207. Deputy David Cullinane asked the Minister for Public Expenditure and Reform his plans to update freedom of information guidelines in view of a case (details supplied) in the European Court of Human Rights; and if he will make a statement on the matter. [19029/17]
Amharc ar fhreagraThe Freedom of Information Act 2014 at section 11 provides for a right of access to information as follows:
"Subject to this Act, every person has a right to and shall, on request therefore, be offered access to any record held by an FOI body and the right so conferred is referred to in this Act as the right of access"
The Act provides for the refusal of access to information only in certain clearly defined and limited circumstances. These exemption provisions are proportionate to legitimate policy considerations and are in most instances subject to a further consideration of relevant public interest factors before a decision is made to refuse access.
Section 11 of the Act also makes clear that FOI is not the only means by which access to information may be granted. My Department has prepared and published a guidance note on the release of information outside of FOI, setting out best practices in this regard (CPU Notice No 2, available from http://foi.gov.ie/).
It is the function of the Information Commissioner and the Courts to reach authoritative determinations on the interpretation of the Freedom of Information Act in light of judgments of the European Court of Human Rights.
Nevertheless, having considered the judgment of the European Court of Human Rights referred to by the Deputy, and having regard to the provisions of the 2014 Act and in particular the guidance notes published to date by my Department, it does not seem that there is a basis upon which to conclude that the extant position as reflected therein is inconsistent with the European Court's reasoning.
Accordingly, in the absence of any finding to the contrary by the Information Commissioner or the Courts, it is not proposed to amend or issue further guidance at this time.
